Trademarks

[awtoc]

Hi here is a good one regarding trademarks.
We purchased four domain names last year hallmart.net / hallmart.org / hallmart.com.hk / hallmart.hk, as we wanted to supply the domain to " hallmart I/S " of Denmark who are a friend of the family, but now I receive a letter from ADNDRC which is the Asia equivelent to ICCAN as they have a client in China who owns a company registered in Hong Kong named Hallmart Ltd, now the Danish company have just taken the four domains, but now this Hallmart Ltd in China claims trademark dispute, so with two companies with the exact same name in two different locations in the World who has teh right to the domain name ?
How to handle this one ???

[Steen]

WIPO?
ARB?
courts?

[awtoc]

None of two are registered trademarks, that I know, they are booth registered companies.

[Anthony Ng]

He (or she, so as not to be sexist) who has the more power wins. In other words, the more resourceful company (in terms of money) will usually win, unless they hire a silly lawyer (team).

[awtoc]

Does that mean that none registered trademark companies can just clamin domains from another companys with the same name ? Not all companies in the World have registered their name as a trademark, and there is thousands of companies with the exact same names, registered in differend Countries, meaning that Hallmart DK has a domain name hallmart.net and then later Hallmart Hong Kong coms along and claims the domain from Hallmart DK where is the logic in that, even taking it to arbitration for what ? Now if Hallmart HK in the meantime registeres Hallmart as an international trademark then I can start to accept it, no even that is not correct, many of us has Hosting companies whih unique names, but not registered trademarks, and later I come can register a company ( ************** ) in some place in the World, and later I will claim your domain ?

[namedropper]

If Hallmart of Denmark now has the names and Hallmart of China wants them, tough kittens. More than one company can use the same word or phrase (or other identifier) as a trademark as long as it doesn't infringe upon someone else. UDRP and legal challenges are set up to take the name away in cases where the current owner has no legitimate rights (so terms of UDRP for exact requirements). In this case both have rights. In those situations, no competent deciding body would take it away from the current owner without special circumstances.

Of course that's how it's supposed to work. Sometimes the way things are normally supposed to go get bent or broken, as nameslave suggested. He seems to think the one with more money *always* wins, which isn't the case. Those instances should be the exception, not the rule. Without doing a case by case study I can't give a percentage though.

[awtoc]

Hi does anybody know the cost for the Complainant to start a UDRP and what will the respondant have to bear in form of costs, and how long time would a dispute take to reslove ?

[Steen]

http://www.icann.org/udrp/approved-providers.htm

There are a few.

WIPO is $1,500 for one panellist, $4,000 for three.
http://arbiter.wipo.int/domains/fees/index.html

Add a lawyer

[gph]

I'm just waiting for Mr. Anderson to chime in here....

[Garry Anderson]

GPH> "I'm just waiting for Mr. Anderson to chime in here...."

Your wish is my command

What more can I add?

Awtoc said, "we wanted to supply the domain to " hallmart I/S " of Denmark who are a friend of the family" - where is the 'Bad Faith' in that?

I doubt even corrupt UDRP could steal it - but then again I have been wrong on that many times - WIPO's procedure is just TOO CORRUPT.

I'm just waiting for Mr. Berryhill to chime in here.... ;-)

I just love this forum.